Posted on: May 27, 2021 Posted by: Zak Clarke Comments: 0

If a doctor or other medical professionals cause an injury to a patient as a result of their negligent action or omission, the victim may have a case for medical malpractice. This negligence can lead to errors in diagnosis, treatment, aftercare, and health management. If you believe you have been a victim of medical malpractice, you must know what is the statute of limitations on medical malpractice and take action quickly by hiring a Powers Santola, LLP personal injury attorney. Once you hire a lawyer, they will investigate your case immediately and collect evidence to support your claim. The statute of limitations is the deadline for filing claims or lawsuits related to personal injuries. Keep reading to know more information you need when filing a medical malpractice claim or lawsuit:

Kinds of Medical Malpractice

You can file a medical malpractice claim if you have been a victim of a medical expert’s negligent actions. Your claim may fall under any of the following categories:

  • Improper treatment. If a doctor uses an inappropriate treatment or administers a method incompetently, you can file a medical malpractice lawsuit against them. A good example of this case is when a doctor leaves a sponge in the stomach of a patient during an operation. 
  • Wrong diagnosis. If a doctor fails to properly diagnose the illness of the patient and causes harm to them, they may face a medical malpractice lawsuit. A wrong diagnosis usually results in the administration of wrong treatment. When the diagnosis worsens a patient’s condition, a malpractice case can be brought.
  • Failure to warn a patient of known risks. Medical experts should caution patients against any known risks of a given procedure or side effects of a medication or course of treatment. This obligation is called the duty of informed consent. If a doctor fails to abide by this duty, they can be held liable for medical malpractice. 

Requirements for a Medical Malpractice Claim

To prove that medical malpractice occurred, you need to show that you have a doctor-patient relationship with the doctor you want to sue. You can demonstrate this by showing you both made an agreement on treatment. Also, you should prove the negligence of the doctor in offering diagnosis or treatment and this negligence led to physical harm to you. In addition, the injury must have caused specific damages such as physical pain, mental anguish, additional medical bills, and lost ability to work.  

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